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Recorder of Storey County, Nevada, does not show that all of the parties having record title to the premises originally located by E. Belcher et al., have conveyed their respective interests to Apple and Schneider, or their grantees, from whom the Segregated Belcher mining company purchased the 160 feet in question.

Said application for patent is accordingly rejected.

On the eighteenth June, 1873, and before the expiration of the sixty days notice by publication the Leviathan mining company, by its president, James J. Robbins, filed an adverse claim against said application for patent, and commenced suit against said Segregated Belcher mining company, on the fifteenth July, 1873, in the Circuit Court of the United States for the Ninth Judicial District in and for the district of California.

On the same day that said adverse claim was filed, the Register informed all parties in interest of the filing thereof, and informed the adverse claimants that they would be required to commence suit in accordance with the law, or their adverse claim would be considered waived.

On the seventeenth July, 1873, the Segregated Belcher mining company, filed with you an appeal from the action of the Register and Receiver, and the order made by them on the eighteenth day of June, allowing said adverse claim to be filed, and staying all proceedings upon said application until the matters in controversy should be settled in a court of competent jurisdiction.

The seventh section of the mining act of May 10, 1872, declares: "That where an adverse claim shall be filed during the period of publication, it shall be upon oath of the person or persons making the same, and shall show the nature, boundaries and extent of such adverse claim."

Said adverse claimant is an incorporated company, as appears by a copy of the certificate of incorporation. It also appears that James J. Robbins was the president of said Leviathan mining company at the date of filing said adverse claim, and that he was duly authorized in behalf of said company to file an adverse claim against said application.

In his sworn statement, said James J. Robbins alleges that the Leviathan mining company is the owner and in the actual possession of the Leviathan lode; that said Leviathan company and its grantors have occupied and improved the premises claimed by them in accordance with the mining rules, customs, and regulations in force in the mining district where such claim is situate.

That more than five hundred dollars have been expended upon the premises claimed by the Leviathan company in actual labor and improvements. That the premises described in said application for patent conflict with and em

brace a part of the premises claimed by the Leviathan company; and that the ledge or lode claimed by the Segregated Belcher mining company "is not at any point upon the surface within seven hundred (700) feet of the point of commencement of the said survey of applicant, as indicated by posts numbers one and four in said plat and field

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By an abstract of title from the office of the county recorder of Storey County, Nevada, it appears that Isaac Watson and nine others located two thousand linear feet of the Leviathan lode, May 19, 1863.

It appears from said abstract that the Leviathan company purchased said premises from W. H. Patterson, but it does not appear that Theo. S. Read and W. J. Albian, two of the original locators, ever conveyed the interest which they acquired by virtue of location to said Patterson, his grantors, or any other persons.

The adverse claimants also filed a plat and the field notes of a survey of said Leviathan lode, made by Hugo Hochholger, U. S. Deputy-surveyor, which show the relative positions of the two claims.

Indorsed upon said plat and field notes of survey is the certificate of said Deputy-surveyor that the amount of improvements upon said Leviathan lode exceeds five hundred dollars, and that the plat and field notes are correct.

This plat shows that the southerly end of the Leviathan claim is crossed at nearly right angles by the survey of the Belcher claim, although the Leviathan survey lies easterly of posts numbers two and five, herein before referred to. In short, the Leviathan mining company have asserted such an adverse claim as is contemplated by the mining act of May 10, 1872, and it would have been necessary to suspend proceedings upon said application for patent until the controversy had been "settled or decided by a court of competent jurisdiction or the adverse claim waived," had the Segregated Belcher mining company complied with the law and instrnctions in the matter of making out their application for patent, which they have not.

You will, therefore, inform all parties in interest that said application for patent is rejected, and allow sixty days from the date of your notification within which an appeal may be taken to the Hon. Secretary of the Interior.

Should the Segregated Belcher mining company desire to commence de novo, they will, of course be permitted to do so, upon their full compliance with the law and instruc

tions.

You will acknowledge the receipt hereof and report what action is taken in the premises.

Very respectfully,

Your obedient servant, WILLIS DRUMMOND, Commissioner.

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ADJOINING PROPRIETORS, patented ground is subject to entry by. 21
ADVERSE CLAIM, rejected because not filed before the Surveyor-gen-

eral's approval of survey.

36

Foreign corporations cannot assert an, to unpatented ground..
A public highway is not an..

43

76

Only those showing an interest in the premises can assert an.
Rejected because not properly made out..

80

81

Rejected as identity of lodes was not alleged.

83

Rejected for not commencing suit in court.

145

Wherein an, cannot be amended...

156

Where all but one of the several co-tenants withdraw protest, the
courts must decide..

158

Must be filed with the Register and Receiver of the proper land
office

Rejected because not sworn to in the district where the land is
situated....

160

194

Rejected because not made out in the proper form.

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Rejected because suit was not commenced in court as ordered.
Must be filed within the prescribed time..

216

218

Copies of deeds, or an abstract of title and copy of location, to be
filed with an..

232

Rejected because unaccompanied by survey made and certified by
a United States deputy surveyor.

ADVERSE CLAIMANTS, applicants for different lodes may be made,
to each other..

How, may protect their rights..
Having dismissed suit, cannot delay application by second suit.. 126
AFFIDAVITS, Registers' and Receivers' fees for

22
23

26

Taken without notice to opposing party cannot be considered.... 164
The non-mineral, may be sworn to by an agent when the princi-
pal is not acquainted with the land...

222

Proceedings when, of parties who posted notice and diagram can-
not be obtained..

AGENT, any member of a company may be, for all..

The non-mineral affidavit may be sworn to by an, when the prin-
cipal is not acquainted with the land....

AGRICULTURISTS, contests between miners and..

222

16 and 151

77

In contests between miners and, proof as to mineral or non-min-
eral character of every subdivision required....

233

19

AGRICULTURISTS-Continued.

PAGE.

When case of contest between miners and, may be reopened.... 125
Miners to prevent, from entering their mining claims must show
compliance with the local laws and customs....

143

Amicable arrangement between miners and, for segregation of
claims suggested..

148

Miners claiming adversely to, may be confined to original loca-
tions...

191

Minerals discovered after patent has issued to...

208

Mining claim fraudulently entered by...

212

Fraudulent entries of mineral land by, and corporations.

213

After hearing and entry by, case cannot be reopened on account
of minerals in the land...

AGRICULTURAL, land adjudged, cannot be entered as mineral unless
new developments or discoveries are made thereon.......
Claimants are entitled to full protection
Satisfactory evidence of, character of land..
Case of, versus mineral claimants......

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Entries may be cancelled, if valuable minerals have been included. 233
Entries may be cancelled to portion embracing valid mining claims

........

at any time before patent issues...
Claimants guilty of perjury in making entries..
AGRICULTURAL COLLEGE SCRIP, is not received in payment for
mineral land.

163

339

157

215

ALASKA TERRITORY, status of mining claims in...
APPLICANTS FOR PATENT, must have the local possessory right. 19
For different lodes may be made adverse claimants to each other. 22
Proof of citizenship in case the, are sons of naturalized citizens.. 134
Proceedings to have patent issue to party who buys mine from... 162
For placer land must present proof that no known veins exist
therein..

222

The first, receive patent for conflicting ground when second ap-
plication is made after expiration of publication of notice.... 230
Proceedings when suit has been decided in favor of..

232

APPLICATION FOR PATENT, of Reed and Sanders.

36

Several non-contiguous tracts may be embraced in one

35

An adverse claimant having dismissed his suit cannot delay, by
second suit...

126

New trial must be granted unconditionally to warrant a further
suspension of.....

.149

In case of divided and undivided interests in mining claim..
Rejected because no surface ground was included....
Rejected because within the Sutro Tunnel grant, Nevada.
Rejected on account of insufficient notice...

159

165

179

204

Rejected because claim was not located in accordance with law... 209
Certificate of incorporation should be filed with the, of an in-
corporated company..

223

In case of, of an unincorporated association, the several papers
should be made out in the names of the different members.. 223
Rejected because notice was published seven weeks in one paper
and two weeks in another...

234

Rejected because the plat did not show accurately the bounda-
ries of the claim, and the abstract of title was defective...... 340
APPEAL, new or additional evidence cannot be submitted on...

In taking, the points of exception must be stated......

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After entry is made the, rests upon the party alleging the mineral
character of the land......

77

CASE OF THE, Overman Silver Mining Company v. Dardanelles Min-

ing Company, Nevada....

181

PAGE.

CASE OF THE-Continued.

New Idria Mining Company's application for patent for mines in
Fresno County, California...

47

Salt Lake Mining Company, for patent for the Flagstaff Mine,
Utah...

61

Julia Gold and Silver Mining Company's application for patent
for certain mines in Nevada
Keystone Consolidated Mining Company's applications for patent
for Keystone and other mines, California, and Townsite of
Amador...

96

105

Jenny Lind Mining Company et al., v. Eureka Mining Company. 166
Santa Rita del Cobre Copper Mine, New Mexico..
Bullion Mining Company v. 420 Mining Company..

188

219

CAVEAT, request to file, against issuing patent denied.
CEMENT CLAIMS, patented as placers...

153

78

writing....

CERTIFICATES, Registers' and Receivers' fees for affidavits, or other

Surveyor-general's, on plats of mill site..

Of incorporation should be filed with the application of incorpo-
rated companies..

Of Improvements in case placers embrace legal subdivisions.... 235
CIRCULAR INSTRUCTIONS, apply to all United States mineral land. 19
January 14, 1867, under act of July 26, 1866...

June 25, 1867, supplemental to circular of January 14, 1867.
Abstract of duties prescribed in mineral instructions of January

14, 1867..

26

193

223

239

245

247

May 16, 1868, circular No. 21.

248

July 25, 1870, relative to fees.

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August 8, 1870, under acts of July 26, 1866, and July 9, 1870...
May 6, 1871, relative to controversies between agriculturists and
miners.

253

261

August 3, 1871, relative to citizenship..
September 7, 1871, proof of citizenship.

267

267

March 20, 1872, relative to taking testimony as to character of
land..

March 26, 1872, modifications of instructions of September 7, 1871. 268
June 10, 1872, under act of May 10, 1872.....

270

June 17, 1872, correspondence relative to segregation of mineral
and agricultural lands....

297

Act of February 18, 1873, relative to mineral lands..

315

March 18, 1873, under act of March 1, 1873, relative to expendi-

tures on claims....

315

July 15, 1873, relative to mineral lands..

316

November 20, 1873, relative to surveying mining claims.

319

CINNABAR deposits cannot be entered as placers.....
CITIZENSHIP, proof of, in case the applicant's father was a naturalized

60

citizen......

134

158

142

All proof except of, must be made within the district where the
land is situated.

CLAIM, definition of the term, as used in the mining statutes........
[See MINING CLAIMS.]

CLAIMANTS, [See APPLICANTS FOR PATENTS and ADVERSE CLAIMANTS.]
Special agreements between opposing..

COLORADO, number of feet of a lode that could be located in October,
1864, in......

COMSTOCK LODE, clause inserted in patents for claims on or near

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Bullion Mining Company v. 420 Mining Company on the.
CONSTRUCTION, of the tenth section of the act of July 26, 1866..
Of the tenth section of the act of May 10, 1872...

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